Violent Crimes

Assault with a Deadly Weapon

In Texas, facing a criminal accusation for assault with a deadly weapon is part of Texas Penal Code § 22.02. As defined in the statute, a person who uses or even displays a deadly weapon during the commission of an assault can be charged with assault with a deadly weapon. The offense is a felony of the first degree if the actor causes serious bodily injury to another person through his or her use of a deadly weapon during the commission of assault.

Texas Penal Code §46.01 identifies these weapons which are considered to be deadly:

The relationship between actor and victim is of extreme importance in these types of charges – it can affect the severity of your penalties – so don’t wait to speak with a Houston criminal defense attorney about the conditions under which you were charged and arrested for assault with a deadly weapon. You can contact the Law Offices of Billy Skinner at (713) 600-7777 for a consultation with a Houston defense lawyer at our office.

What are the penalties for assault with a deadly weapon?

Assault with a deadly weapon is typically charged as a felony of the second degree and punishable by fines of up to $10,000 and a prison sentence ranging from 2 to 20 years. Under certain circumstances, however, assault with a deadly weapon can be charged as a felony of the first degree.

If the offense was committed in any of the following ways, it will be charged as a felony offense of the first degree:

Against a family member or significant other

Against a public servant

Against a security officer

In retaliation against a witness in a criminal case

When assault with a deadly weapon is charged as a felony offense of the first degree, the penalties that await individuals who are convicted include up to $10,000 in fines and anywhere from 5 to 99 years – or life – in prison.

Aggressive Defense, Effective Results

Determining the best defense for your case is the job of an attorney – an attorney who has both experience and a record of success in court. At the Law Offices of Billy Skinner, our legal team can thoroughly review the details of your case to determine which method of defense is best suited for you.

When the case involves an accusation of assault with a deadly weapon, we might be able to make one of the following arguments in your defense:

Self-Defense – The state of Texas makes it permissible to use force – sometimes even deadly force – as means of self-protection against any type of immediate threat of injury or bodily harm.

Lack of Intent – Intent is a crucial component in any case that involves an accusation of assault. Charges of this degree can be reduced or dismissed if it can be proven there was no intent behind your action.

Lack of a Deadly Weapon – If it can be proven that a deadly weapon was not present at the time of the assault, then the charges made against you might be reduced or dropped.

- He believed in my case!

Billy Skinner defended me from a charge which I was completely innocent. He believed in my case from the beginning to the end, and did his best to show that in court. After several attempts with the prosecutors to get my case dismiss. He told me that we needed to go to trial and defend me in front of a jury. We did just that and he did an excellent job as a defendant’s attorney. He truly demonstrated to the jury that the cops were lying about my charge, and that I was completely innocent of the charge. I really believe that his expertise in defending his clients made it easy for us to prove that I was not guilty. Thanks to Billy, I am able to go back to my career which was in limbo, and continue with my professional life. I will always recommend Billy to anyone who is in trouble with the law. He is a very dedicated attorney who will fight for your case and will never lie to you about your chances of winning your case.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.